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This Agreement is between Office Business Services, trading as ofiz.com. ("ofiz.com" and "ofiz"), and you ("you" or "the Customer"), as
an authorized user of ofiz.com services, and governs the terms and conditions of your use of the ofiz.com services. This Agreement, together with any
operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to
time by ofiz.com (collectively, the "Agreement"), constitutes the entire agreement between ofiz.com and you regarding the ofiz.com services, and
supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software
provided by ofiz.com related to the services shall be pursuant to a separate agreement governing Customers' use of such software. For the purposes of
this Agreement, "ofiz.com services" or "services" are defined as any and all services provided by ofiz.com to you either now or in the future.
By using ofiz.com services, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. ofiz.com services ofiz.com offers the
services at its website www.ofiz.com (together with other websites
owned and operated by ofiz.com, the "ofiz Website"). Individually,
the services are:
ofiz account: ofiz account includes but is not limited to:
(i) a telephone and fax number that provides
for the delivery of inbound telephone calls and faxes for
call answering, message taking, redirection or forwarding to another telephone or ancillary
service; (ii) a postal address for the receipt, temporary
holding and forwarding of letters delivered by Royal Mail
or any statutory or other body authorised from time to time
by law to operate a mail delivery service; ofiz account
is hereinafter referred to as "ofiz account" or "ofiz Service".
2. ofiz account service usage
a. ofiz
Telephone Account.
As an ofiz Service Customer, ofiz will provide a telephone answering, messaging and call transfer service. The provision of this telephone answering, messaging and call transfer service is subject to a "Fair Use" policy. Under this policy, if at any time, at ofiz.com's sole discretion, your use of this service exceeds the level of use reasonably expected from someone using this service for individual use, then ofiz.com reserves the right to terminate or suspend your ofiz.com account without prior notice, (provided that ofiz.com will attempt to confirm such termination or suspension by subsequent notice). In such an event, an ofiz.com
representative will attempt to contact you in an effort to negotiate and establish a reasonable usage charge that will permit you to continue your use of this service.
b. ofiz Postal Address.
As an ofiz service customer, you will receive a postal address
for the receipt of pre-paid mail delivered by Royal Mail
or any statutory or other body authorised from time to time
by law to operate a mail delivery service. Letters will
be accepted, stored temporarily and forwarded on a daily,
weekly or monthly basis, depending on the option which you
select when you sign up for an ofiz.com account and when
you subsequently update the redirection frequency. Letters
must be addressed to you personally and we reserve the right
to return or dispose of correspondence not clearly addressed
to you. You may not use the postal service for receipt of
parcels or packets, nor may you use it for service of legal
proceedings or as your registered address. The ofiz postal
address is for individual use only and is not to be used
for high volumes of mail, resulting from, for example, advertising
campaign responses. Its use is subject to ofiz.com'S" FAIR
USE" policy. Under this policy, if at any time, at ofiz.com's sole discretion, your use of this service exceeds the level of use reasonably expected from someone using this service for individual use, then ofiz.com reserves the right to terminate or suspend your ofiz.com account without prior notice, (provided that ofiz.com will attempt to confirm such termination or suspension by subsequent notice). In such an event, an ofiz.com
representative will attempt to contact you in an effort to negotiate and establish a reasonable usage charge that will permit you to continue your use of this service.
ofiz.com may, at its absolute discretion, refuse to accept
delivery of any item for any reason, including, without
limitation, that there is no or insufficient prepaid postage; or any Payment is outstanding; or if it appears to ofiz.com in its opinion that delivery of
the item is in breach of any of these Terms and Conditions;
or if the customer is using the ofiz service for the delivery
of unreasonably large items of mail or an unreasonable volume
of items of mail; or if the ofiz service is being used for the storage or delivery
of items of value.
If ofiz refuses to accept an item from or for a customer,
it will endeavour to inform the customer at the customer's
last known address of that decision but ofiz shall not be
responsible for any loss, damage or other consequences to
the customer or any third party.
The ofiz.com postal address service is not to be used for the storage or delivery
of items of value. ofiz.com has no knowledge of the value
of any item of mail and will not accept notification of
value. Accordingly the liability of ofiz.com in respect
of any damage or loss of any kind whatsoever is limited
to £2 for each claim and in aggregate shall not exceed £20
in any Term.
ofiz.com shall not in any event be liable for any indirect
or consequential loss, including loss of profit, however
it may arise, nor for any liabilities, costs, claims, demands
or expenses arising from any event including, but not limited
to, any loss, damage, delay or misdelivery of postal items.
3. Customer Responsibilities.
You are fully responsible for the contents of your transmissions
through the services. ofiz.com simply acts as a passive
conduit for you to send and receive information of your
own choosing. However, ofiz.com reserves the right to take
any action with respect to the services that ofiz.com deems
necessary or appropriate at its sole discretion if ofiz.com
believes you or your information may create liability for
ofiz.com, compromise or disrupt the services for you or
other customers, or cause ofiz.com to lose (in whole or
in part) the services of ofiz.com's suppliers.
Your use
of the services is subject to all applicable local, state,
national and international laws and regulations (including
without limitation those governing account collection, export
control, consumer protection, unfair competition, anti-discrimination
or false advertising).
You agree: (1) to comply with UK
law regarding the transmission of technical data exported
from the United Kingdom through the services; (2) not to
use the services for illegal purposes; (3) not to interfere
or disrupt networks connected to the services; (4) to comply
with all regulations, policies and procedures of networks
connected to the services; (5) not to use the services to
infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy; and (6) not to transmit through the services
any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material
of any kind or nature. You further agree not to transmit
any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international
law or regulation. The services make use of the Internet
for you to send and receive information of your own choosing.
As a result, your conduct is subject to Internet regulations,
policies and procedures. You agree not to use or reference
the services for chain letters, junk fax or junk mail, spamming
or any use of distribution lists to any person who has not
given specific permission to be included in such a process,
and further agree not to attempt to gain unauthorized access
to other computer systems. You shall not interfere with
another customer's use and enjoyment of the services or
another entity's use and enjoyment of similar services.
4. Other Responsibilities.
You must (a) obtain and pay for all equipment and third-party
services (e.g., Internet access and telephone service) required
for you to access and use ofiz.com services; (b) maintain
any security of your customer identification, and other
confidential information relating to your ofiz.com account
and; (c) be responsible for all charges resulting from use
of your ofiz.com account, including unauthorized use prior
to your notifying ofiz.com of such use and taking steps
to prevent its further occurrence.
You hereby agree: not to use the ofiz service for any illegal, immoral,
obscene or defamatory purpose and if you do so you acknowledge
that ofiz.com may report same to the law enforcement agencies
and/or other relevant authorities; not to send or deliver or cause or permit to be sent or
delivered to the ofiz.com or related or ancillary premises any illegal, defamatory, obscene,
dangerous or bulky object or material.
5. Termination.
You may terminate your ofiz.com account at any time, upon
one calendar month's notice. Any such notice by you to ofiz.com
must be in accordance with ofiz.com's verification procedures,
as such procedures may be established and changed by ofiz.com
from time to time at its sole discretion, and which may
include the requirement that you contact ofiz.com by phone
to confirm that any such notice was in fact sent by you.
ofiz.com also reserves the right to terminate or suspend
your ofiz.com account without prior notice, provided that
ofiz.com will attempt to confirm such termination or suspension
by subsequent notice.
Until notice of termination is received and your notice
period has expired, you will be billed your normal subscription
and usage charges on a recurring basis.
6. Refunds Ofiz.com endeavours at all times to provide services which exceed your expectations. There may however be occasions due to system failure or other circumstances where our service levels may be affected. We will in such cases reserves the right to alter the service until such time as we are able to resume normal services.
It may be necessary to terminate our contract with you and we reserve the right to do so with immediate effect. In such extreme situations we would endeavour to provide reasonable notice.
Although every effort will be made to ensure a reliable service, in the event of any systems failure we will not be held liable for any immediate or consequential loss whatsoever, or howsoever caused.
You agree to pay the amounts agreed according to the terms stipulated by ofiz.com. Payments for services are made monthly or quarterly in advance.
We therefore have a policy that any refunds are at our sole discretion. You are free to cancel the services provided by ofiz.com to you by giving a full calendar month's notice. It is your responsibility to cancel any future payment agreements after the expiration of this period. Any additional amounts received after service termination, which are not due or owed for any services provided will be refunded to you.
An amount of £10 or 5% of any refund granted, whichever is the greater, will be deducted to cover administration and credit card fees. Any prepaid postage or telephone service payment fees held will be refunded in the event of cancellation subject to a £5 deduction for administration charges.
Any additional charges will be immediately payable when invoiced. We reserve the right to charge interest at 2% above the Bank of England base rate and /or suspend services in respect of invoices outstanding for 14 days or more. We reserve the right to ask for a deposit to be paid before resuming services.
7. Customer Representations.
You represent and warrant that you are at least 18 years
of age or, as applicable, the age of majority in the territory
in which you reside, and that you possess the legal right
and ability to enter into this agreement. You agree to be
financially responsible for your use of ofiz.com services
(as well as for use of your account by others, including
minors living with you) and to comply with your responsibilities
and obligations as stated in this agreement.
8. Modifications to Customer Agreement.
ofiz.com may automatically amend this agreement (including
the privacy policy set forth herein) at any time by (a)
posting a revised ofiz.com customer agreement on the ofiz
Website, and/or (b) sending information regarding the amendment
to the email address you provide or have provided at the time of service commencement to ofiz.com. You are responsible for regularly reviewing the Ofiz.com website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use ofiz.com services after such amendments have been posted on the ofiz.com website or information regarding such amendments has been sent to you. Otherwise, this agreement
may not be amended except in writing signed by both you
and ofiz.com.
9. Modifications to services.
ofiz.com reserves the right to modify or discontinue any
of the services with or without notice to you. ofiz.com
shall not be liable to you or any third party should ofiz.com
exercise its right to modify or discontinue the services.
10. Member Account, Service Settings and Security.
As part of the registration process, you will be required
to provide an email address. Once you become a registered
user, your ofiz phone and fax numbers, mailing address and other associated service settings and details will
be sent to you by email. You are entirely responsible for
maintaining the confidentiality of this information. Furthermore,
you are entirely responsible for any and all activities
that occur under your account. You agree to immediately
notify ofiz.com of any unauthorized use of your account
or any other breach of security known to you, or suspected
by you. Any person having possession of the Customer's originally registered email address and service details
is deemed to be authorised by the customer and ofiz.com
will not be bound to enquire into the authority of such
a person.
11. Disclaimer of Warranties and Limitation of Liability.
a. ofiz.com and all ofiz.com software and services are provided "as is," and neither ofiz.com nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. Ofiz.com does not warrant that access to or use of ofiz.com services will be uninterrupted or error-free, or that ofiz.com software or services will meet any particular criteria of performance or quality. Ofiz.com and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
b. Your use of ofiz.com and all ofiz.com software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or uploading, and/or storage and/or use of files or other material (including ofiz.com software) obtained either directly or indirectly from ofiz.com. You agree that neither ofiz.com nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use ofiz.com or any ofiz.com software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if ofiz.com or any such licensor or service provider has been advised of the possibility of damages. The entire liability of ofiz.com and its licensors and service providers and your exclusive remedy with respect to the use of the ofiz.com services and software or any breach of this agreement are limited to the amount actually paid by you for access to and use of the ofiz.com services. You hereby release ofiz.com and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
c. Neither ofiz.com nor any of its licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of ofiz.com's or any such licensor's or service provider's control which could lead to the interruption of data delivery service to the customer's email address, fax, telephone or any other receiving devices or third-party data storage and/or delivery services.
d. You will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of ofiz.com, in evaluating the ofiz.com services and/or products of ofiz.com.
12. Charges & Payments
a. You agree to
pay all charges for your use of ofiz.com services at the prices then
in effect. All charges will be exclusive of value added ("VAT"),
sales or other taxes, except as required by law. ofiz.com reserves
the right to change prices or institute new charges for access to or
use of ofiz.com. All changes will be posted by ofiz.com at the ofiz
Website and you are responsible for regularly reviewing such pricing
information to obtain timely notice of such changes. Continued use
of ofiz.com services or non-termination of your ofiz.com account
after changes are posted constitutes your acceptance of the prices
as modified by the posted changes.
b. Charges are to be paid by credit or debit card on a
monthly or quarterly basis in the currency in which billed. If payment
is not received upon demand by ofiz.com from the card issuer or its agents,
you agree to pay all amounts due upon demand by ofiz.com. Each time
you use ofiz.com services, or allow or cause ofiz.com services to be
used, you agree and reaffirm that ofiz.com is authorized to charge
your designated card. Your card issuer's agreement governs your use
of your designated card in connection with ofiz.com, and you must
refer to such agreement (not this Agreement) with respect to your
rights and liabilities as a cardholder. You agree that ofiz.com may
(at its option) accumulate charges incurred during your monthly or quarterly
billing cycle and submit them as one or more aggregate charges
during or at the end of each cycle, and that ofiz.com may delay
obtaining authorization from your card issuer until submission of
the accumulated charge(s). This means that accumulated charges may
appear on the statement you receive from your card issuer.
c. Your set-up fee, service fees and usage
charges are payable in advance and are COMPLETELY NON-REFUNDABLE.
You agree that ofiz.com may submit charges for your monthly or quarterly service
fee each month or quarter, without further authorization from you,
until you provide prior notice (in accordance with ofiz.com's verification
procedures, as may be established by ofiz.com from time to time in
its sole discretion) that you have terminated this authorization or
wish to change your designated card. Such notice will not affect
charges submitted and/or incurred before ofiz.com reasonably could
act on your notice.
d. You must promptly notify ofiz.com of changes to:
(a) the account number, card type or expiration date of your
designated card; (b) your billing address; and (c) the name of each
minor whom you have authorized to use your ofiz.com account. You
must also promptly notify ofiz.com if your card is canceled (e.g.,
for loss or theft).
e. If the Customer fails to make any Payment 5 days
after that Payment becomes due or if you breach any of these Terms
and Conditions, ofiz shall be entitled at any time thereafter to
terminate the ofiz service forthwith without prejudice to any right
of action or remedy of ofiz in respect of any antecedent claim or
breach of condition. The Customer following termination hereby
authorises ofiz at ofiz's absolute discretion either to destroy any
items of mail addressed to you or any items on the Premises which
are the property of the Customer, or to return them to the last
known address of the Customer at the Customer's risk and cost.
f. If any Payments or other sums are outstanding to
ofiz, ofiz shall have a lien over all unforwarded items until such
payments are duly paid.
g. Payment for the ofiz services ("the Payment") is
payable in full in advance. There will be no refunds for
cancellation by the Customer of the ofiz service or any part of
it.
h. ofiz.com reserves the right to suspend or terminate
your ofiz.com account without notice upon rejection of any card
charges or if your card issuer (or its agent or affiliate) seeks
return of payments previously made to ofiz.com when ofiz.com
believes you are liable for the charge. Such rights are in addition
to and not in lieu of any other legal rights or remedies available
to ofiz.com.
13. Ownership.
a. All programs, services,
processes, designs, software, technologies, trademarks, trade names,
inventions, intellectual property and materials comprising the
ofiz.com Service are wholly owned by ofiz.com and/or its licensors
and service providers except where expressly stated otherwise.
b. You further understand and agree that you are not the owner of any telephone or fax number assigned to you by Ofiz.com.
Ownership of any such telephone or fax number is vested solely in Ofiz.com
(which will assign such number or numbers to you for your use during the term of this agreement). You understand and agree that following the termination of your Ofiz.com account for any reason, such telephone and/or fax numbers may be immediately reassigned to another customer, and you further agree that Ofiz.com will not be liable for damages (including consequential or special damages) arising out of any such reassignement, and you hereby waive any claims with respect to any such reassignement, whether based on contractual, tort or other grounds, even if Ofiz.com has been advised of the possibility of such damages.
c. You further understand and agree that you are not the owner of any postal address or suite number assigned to you by Ofiz.com.
Ownership of any such postal address or suite number is vested solely in Ofiz.com
(which will assign such address or suite number to you for your use during the term of this agreement). You understand and agree that following the termination of your Ofiz.com account for any reason, such postal address or suite number may be immediately reassigned to another customer, and you further agree that Ofiz.com will not be liable for damages (including consequential or special damages) arising out of any such reassignement, and you hereby waive any claims with respect to any such reassignement, whether based on contractual, tort or other grounds, even if Ofiz.com has been advised of the possibility of such damages.
d. You further understand and agree that Ofiz.com may from time to time need to change the telephone number, fax number, postal address or suite number assigned to you (due to any reason whether outside of, or within, Ofiz.com's control). You agree that Ofiz.com will not be liable for damages (including consequential or special damages) arising out of any such change in the telephone number, fax number, postal address or suite number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Ofiz.com has been advised of the possibility of such damages.
e. In particular, you agree that you are not authorised to charge services provided to you or at your request to the telephone number, fax number or postal address assigned to you by ofiz.com and that you will not request or otherwise cause any third-party service provider to charge any such services to such numbers or postal address. Any such charges will give ofiz.com the right to immediately terminate your ofiz.com account without notice and to seek redress for any such charges levied or attempted to be levied.
14. Indemnification.
You agree to indemnify
ofiz.com and each of its licensors and service providers from and
against any and all liabilities, expenses (including legal
fees) and damages arising out of claims based upon use of your
ofiz.com account, including any violation of this agreement by you
or any other person using your account, any claim of libel,
defamation, violation of rights of privacy or publicity, any loss of
service by other customers, any infringement of intellectual
property or other rights of any third parties, and any violation of
any laws or regulations prohibiting transmission of unsolicited
faxes, emails or telephone calls.
15. No Resale Or
Commercial Use Of The services. Your right to use the
services is personal to you. You may be either an individual or a
corporation or business entity, but you agree not to resell the use
of the services.
16. Participation In Promotions Of
Advertisers.
You may enter into correspondence with or
participate in promotions of advertisers showing their products on
the ofiz.com website. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the
advertiser. ofiz.com assumes no liability, obligation or
responsibility for any part of any such correspondence or promotion.
17. Notices & Consent.
Notices given by
ofiz.com to you will be given by email or by a general posting on
the ofiz.com Website, or by conventional mail. In any matter
requiring ofiz.com's prior consent, such consent will be considered
given only if made in the foregoing manner by an authorized
representative of ofiz.com. Notices given by you to ofiz.com must be
given by email or by conventional mail (subject, however, to
ofiz.com's verification procedures, as may be established by
ofiz.com from time to time in its sole discretion, and which may
include the requirement that you contact ofiz.com by phone so as to
confirm that any such notice was in fact sent by you). Notices to
ofiz.com by conventional mail must be sent to ofiz.com, 78 York Street, London, W1H 1DP, England.
18.
Jurisdiction The rights and obligations of ofiz.com and the
customer under this Agreement shall be governed and construed
entirely in accordance with English law. The Customer may not
assign any of its rights or benefits hereunder. These Terms and
Conditions shall prevail notwithstanding any conflict with the terms
and conditions of any order or contract submitted by the Customer in
respect of the ofiz service or any other services provided by
ofiz.com.
© 1999-2008 Ofiz.com - All rights reserved
worldwide.
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